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HomeMy WebLinkAbout04/15/96 Board of Public Works MinutesREGULAR MEETING APRIL 15. 1996 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, April 15, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the agenda item for a Pipeline Installation Agreement was stricken from the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the regular meeting of the Board held on April 8, 1996, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE APPLICATION - HEIRLOOM IMAGES Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Mr. Roger L. Smith, 8863 Blackpoint Road, Syracuse, Indiana, to conduct the sale of new and used computer equipment, on Sunday, June 2, 1996; Sunday, July 21, 1996; Sunday, September 8, 1996; Sunday, October 6, 1996; Sunday, November 3, 1996; and Sunday, December 1, 1996, at the Century Center. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Mr. Roger Smith, 8863 Blackpoint Road, Syracuse, Indiana, was present and recommended that the Board approved the Transient Merchant License. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Application for a Transient Merchant License was approved and forwarded to the Deputy Controller's office for issuance of a license. PUBLIC HEARING TABLED - TRANSIENT MERCHANT LICENSE APPLICATION - MARKET PRO COMPUTER SHOWS, INC Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Ms. Jeanette Winton, 9912 Inglemere Drive, Bethesda, Maryland, to conduct the sale of computer hardware and software, on Saturday, April 20, 1996; Saturday and Sunday, September 21 and 22, 1996; and Saturday, June 8, 1996, at the St. Joseph County 4H Fair Grounds on the September dates, and at the Century Center on the April and June dates. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Mr. Roger Smith, Heirloom Images, 8863 Blackpoint Road, Syracuse, Indiana, was present, and stated that according to the City of South Bend Municipal Code, a representative from the business/agency must be present at the Public Hearing. A representative from Market Pro Computer Show was not present. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Application for a Transient Merchant License was tabled. OPENING OF BIDS - 1996 PUBLIC WORKS PARTNERSHIP PROGRAM - CURB AND SIDEWALK IMPROVEMENTS - PROJECT NO 96-009 This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: KASER-SPRAKER CONSTRUCTION 25487 West State Road 2 54 REGULAR MEETING APRIL 15, 1996 South Bend, Indiana 46619 Bid was signed by Mr. Gary L. Spraker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Zone 6, 7, 8 $60,440.00 RIETH RILEY CONSTRUCTION. CO INC 25700 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. Richard A. Jakowski, Group Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Zone 1 $55,552.50 Zone 2 $60,939.50 Zone 3 $63,435.25 Zone 4 $61,437.00 Zone 5 $59,765.00 Zone 6,7,8 $70,025.00 Zone 9 $64,720.50 Zone 10 $66,429.75 Zone 11A & 11B $67,481.75 Zone 11C $71,549.45 Zone 11D $63,685.00 L.L. GEANS & SONS. INC. 1923 North Home Street Mishawaka, Indiana 46545 Bid was signed by Mr. Rocky R. Geans, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted me Zone 1 $64,403.31 Zone 2 $64,442.19 Zone 3 $68,419.44 Zone 4 $64,124.55 Zone 10 $72,742.61 1 1 I REGULAR MEETING WALSH & KELLY. INC 24358 State Road 2 South Bend, Indiana 46614 Bid was signed by Mr. James R. Walsh, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted I: " Zone 1 $64,467,75 Zone 2 $67,574.25 Zone 3 $73,482.75 7% Discount - $68,338.96 Zone 4 $71,421.25 7% Discount - $66,421.76 Zone 5 $69,380.00 3% Discount - $67,298.60 Zone 6, 7, 8 $75,886.00 Zone 9 $69,561.50 Zone 10 $71,290.50 3% Discount - $69,151.79 Zone IIA, 11B $70,250.75 Zone 11 C Zone 11D $75,955.75 $68,817.50 MCINTYRE JONES CONSTRUCTION CO. INC. 2526 West Sixth Street Mishawaka, Indiana 46544 APRIL 15. 1996 Bid was signed by Mr. Kenneth A. McIntryre, Chairman of the Board Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted n Zone 4 $72,842.50 Zone 5 $42,330.00 Zone I IA, I IB $73,515.50 NILES CONCRETE SAWING & CONSTRUCTION, INC. 2580 East Detroit Road Niles, Michigan 49120 Bid was signed by Mr. Daniel L. Kulwicki, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 152 REGULAR MEETING APRIL 15, 1996 Zone 1 $49,057.00 Zone 2 $59,312.00 Zone 3 $58,811.00 Zone 4 $64,364.50 Zone 5 $65,322.00 Zone 6, 7, 8 $66,841.00 Zone 9 $52,279.00 Zone 10 $55,063.00 Zone 11A, 11B $66,504.50 Zone 11C $70,591.50 Zone 11D $63,911.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above bids were referred to the Division of Engineering for review and recommendation. AWARD BID - TWO (2) MINI CARGO VANS Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on April 1, 1996, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to Jordan Motors, Inc., 609 East Jefferson, Mishawaka, Indiana, in the amount of $31,600.00, which includes two (2) 1996 Aerostars, at $15,800.00 per unit. Mr. Chlebowski stated that funding for these vehicles will come from the Park Department Capital Budget. Mr. Chlebowski noted that one of these mini vans will replace the 1996 Compact Pick-up Truck that was received on April 1, 1996, and that unit will not be awarded. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. AWARD BIDS - GOLF COURSE EQUIPMENT - BLACKTHORN GOLF COURSE Mr. John Quickstad, Blackthorn Golf Course Superintendent, and Mr. James Riggs, Blackthorn Project Manager, advised the Board that on April 8, 1996, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Quickstad and Mr. Riggs recommends that the Board award the bids as follows: TOTAL Item I: Walking Putting Green Mowers Illinois Lawn Equipment Three (3) @$3,375.00 $10,125.00 Jacobsen GK522 Item IA: Walking Putting Green Mowers Rejected less Trade -In Allowance Item II: Dedicated Sprayer Kenney Machinery Corp. One (1) @ $13,890.00 $13,890.00 Toro MP-1100 Item III: 60" Flail Mower Deck Rejected Item IV: Flexible Tin Harrow Kenney Machinery Corp. One (1) @ $725.00 $ 725.00 Fuerst Harrow (2-HS4, I -HD 8) Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mrs. Manier seconded the motion which carried. 5 REGULAR MEETING APRIL 15. 1996 AWARD BID - 1996 STREET MATERIALS Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on April 1, 1996, bids were received and opened for the above referred to materials. After reviewing those bids, Mr. Littrell recommends that the Board award the bids as follows: No. Item Quanti1y Unit Price Vendor 1 a HAC Surface No. 11 2,000 Ton $ 19.90 Rieth Riley lb HAC Surface No. 11 HV 1,000 Ton $ 27.25 Rieth Riley lc HAC Surface No. 9 1,000 Ton $ 19.75 Rieth Riley Id HAC Surface No. 9 Slag 1,000 Ton $ 20.25 Rieth Riley le HAC Surface No. 11 Slag 20,000 Ton $ 20.20 Rieth Riley 1 f HAC Surface No. 11 Slag 10,000 Ton $ 27.45 Rieth Riley lg HAC Binder No. 8 or 9 3,000 Ton $ 18.25 Rieth Riley lh HAC Binder No. 11, MV 8,000 Ton $ 18.95 Rieth Riley 1 i HAC Base No. 51), MV 5,000 Ton $ 18.25 Rieth Riley lj Bituminous Patch, WS 600 Ton $ 28.65 Rieth Riley lk Bituminous Patch, AE300S 600 Ton $ 33.95 Rieth Riley 2 Bituminous Material, Tack 200 Ton $165.00 Koch Minerals 3 Bituminous Material, Dust Palative 20,000 Gal. $ .47 Koch Minerals 4 Polymer Bond, Asph. Emulsions 50,000 Gal. $ .83 Koch Minerals 5 6 Polymer Modified Asph. Cement Polymer Modified Asph. Cement 20,000 Gal. 40,000 Gal. $ $ .93 .95 Koch Minerals Koch Minerals 7 Coarse Agg. No. 73 Stone or Slag 5,000 Ton $ 8.09 The Levy Co. 8 Course Agg. No. 53 Stone or Slag 5,000 Ton $ 8.04 The Levy Co. 9 Mineral Agg. No. 2 Stone or Slag 3,000 Ton $ 7.69 The Levy Co. 10 Course Agg. No. 73- Gravel 5,000 Ton $ 4.91 The Levy Co. 11 Course Agg. No. 53 - Gravel 5,000 Ton $ 4.91 The Levy Co. 12 Fine Agg. No. 23, Sand 1,500 Ton $ 3.80 St. Jos Materials 13 Fine Agg. No. 24, Sand 1,500 Ton $ 3.80 St. Jos Materials 14 Course Agg. No. 9 Mixture 1,000 Ton $ 6.95 St. Jos Materials 15 Portland Cement, 47 lb. 3,000 Bags $ 3.40 Rose Fuel 16 Portland Cement, 94 lb. 1,500 Bags $ 5.70 Rose Fuel 17 Quick Setting Cement, 50 lb. 200 Bags $ 11.30 Rose Fuel Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mrs. Manier seconded the motion which carried. AWARD BID - SAMPLE EWING REDEVELOPMENT AREA SITE CLEARANCE PHASE II - STRUCTURE REMOVAL PACKAGE 2 - PROJECT NO 96-15-2 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on April 8, 1996, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to Bradberry Brothers, 20061 West Dice Street, South Bend, Indiana, in the amount of $27,005.00. Funding from this project will come from the Sample - Ewing TIF Fund 414. Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT - HVAC UPGRADE - ADMINISTRATION BUILDING - WWTP - PROJECT NO.94-19 Mr. Leszczynski advised that in accordance with the bid awarded on April 1, 1996, to Herman & Goetz, Inc., 225 South Lafayette Boulevard, South Bend, Indiana, in the amount of $130,385.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Contract was REGULAR MEETING APRIL 15. 1996 approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE COMMUNITY DEVELOPMENT CONTRACTS The following Community Development Contracts were presented to the Board for approval: 1996 CDBG Contracts Contract Amount Code Enforcement Mgt. & Inspection $100,000 NE Neighborhood Center Operations $ 7,700 Christmas in April $ 50,000 South Bend Heritage Administration $ 50,000 South Bend Heritage - SE Housing Project $150,000 CANCO - Southeast Outreach Services $ 42,500 Planning & Neigh. Development - Rum Village Activity $ 80,000 Planning & Neigh. Development - Public Works $306,260 Center for the Homeless - Lobby Restoration $ 24,200 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above referred to Contracts were approved and executed. Mr. Caldwell abstained from voting on the Contracts for the Homeless Center, as he is a member of their Board. APPROVAL OF AGREEMENT - ESCROW AGREEMENT - PRECISION CONTROL SYSTEMS/NORTHWEST BANK - PROJECT NO. 95-55 Mr. Leszczynski stated that the Board is in receipt of an Escrow Agreement between the City of South Bend, Precision Control Systems, 7141 West Morris Street, Indianapolis, Indiana and Northwest Bank Indiana, I I I I East Wayne, Fort Wayne, Indiana, for the above referred to project. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. I�'�']3�]����J��C���l����IsZ�1�\���Z�]1�%i�7�1�1I�C���a1��JI��3�����JIM�[��!��'i►•� Mr. Leszczynski advised that Mr. Toy Villa, Project Engineer, has submitted Change Order No. 2, on behalf of Rieth Riley, 25200 State Road 23, South Bend, Indiana indicating that the Contract amount be increased $6,612.75 for a new Contract sum including this Change Order in the amount of $2,338,925.15. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Change Order was approved. APPROVE CHANGE ORDER - COLLEGE FOOTBALL HALL OF FAME - HUNTER CORPORATION - PROJECT NO.93-09 Mr. Leszczynski advised that Mr. R.A. Dieringer, Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, has submitted Change Order No. 7, on behalf of Hunter Corporation, 6000 Southport Road, Portage, Indiana indicating that the Contract amount be increased $2,364.21 for a new Contract sum including this Change Order in the amount of $594,535.74. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Change Order was approved. REGULAR MEETING APRIL 15 1996 APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - HILL STREET SIDEWALK AND APPROACH REPAIRS - PROJECT NO 95-29 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager has submitted Change Order No. 1 (Final) on behalf of Kaser Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, indicating that the contract amount be increased by $2,177.20 for a new contract sum including this Change Order in the amount of $26,980.20. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - EDISON ROAD SANITARY SEWER EXTENSION - PROJECT NO 95-102 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager has submitted Change Order No. 1 (Final) on behalf of Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana, indicating that the contract amount be increased by $14.05 for a new contract sum including this Change Order in the amount of $81,073.68. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE PROJECT COMPLETION AFFIDAVIT - CENTURY CENTER ROOF REPAIRS - PROJECT NO. 94-85 Mr. Leszczynski advised that Mr. Jeff Boss, Division of Engineering, has submitted the Project Completion Affidavit on behalf of Midland Engineering, 52369 U.S. 33 North, South Bend, Indiana, for the above referred to project, indicating a final cost of $692,395.00. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - UNDERGROUND FUEL STORAGE TANKS INSTALLATION - PROJECT NO. 94-40 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Advanced Pollution Technologies, Ltd., 3505 North Home Street, Mishawaka, Indiana, for the above referred to project, indicating a final cost of $212,498.00. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. ADOPT RESOLUTION NO. 28-1996 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 28-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana: 156 REGULAR MEETING APRIL 15, 1996 Lot Numbered Sixty-eight (68) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022-0867 and Lot Numbered Seventy (70) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022-0865 (hereinafter referred to as the Real Property), and; WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment for use in the redevelopment of the Sample -Ewing Development Area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission, at its meeting of April 19, 1996 will consider its Resolution No. accepting the transfer of the Real Property by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: Lot Numbered Sixty-eight (68) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18- 7022-0867 and Lot Numbered Seventy (70) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18- 7022-0865 by the City of South Bend, Indiana to the City of South Bend, for the use and benefit of its Department of Redevelopment, shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed REGULAR MEETING APRIL 15, 1996 conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on April 15, 1996, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: s/Angela K. Jacob, Clerk L CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier REGULAR MEETING 5 Ks(b-�&'n a Q -1 q q Le APRIL 15, 1996 ADOPT RESOLUTION NO.29-1996 - ADOPT A WRITTEN FISCAL PLAN AND ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO COPPERFIELD ANNEXATION AREA Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 29-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP (COPPERFIELD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 48.56 acres of land, developed with approximately 42 single family residences and 21 condominium units, located in Centre Township, St. Joseph County, contiguous with the City of South Bend and generally located south of Jackson Road, east of Fellows Street, and north of Jackson Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non -capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non -capital nature, including street and road maintenance and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristics of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described. in Exhibit "A," attached hereto and made a part hereof, be annexed to the City of South Bend. 59 REGULAR MEETING APRIL 15. 1996 Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 15th day of April, 1996. ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier EXHIBIT A A PARCEL OF LAND LOCATED IN THE NE 1/4 OF SECTION 36 T.37 N., R. 2 E., CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF JOHNSON ROAD AND THE EAST LOT LINE, EXTENDED, OF LOT `B" OF HAY HISTORIC HOME SITE SUBDIVISION, BEING THE POINT OF BEGINNING: THENCE NORTH ALONG THE EAST LINE OF SAID SUBDIVISION TO THE NE CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO THE NW CORNER OF SAID LOT; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO THE NE CORNER OF LOT 1 OF SOUTHLAND, SECTION 1 SUBDIVISION; THENCE FOLLOWING THE NORTH LINE OF SAID SUBDIVISION IN A WESTERLY DIRECTION TO THE NW CORNER OF LOT 4 SOUTHLAND SECTION 1 SUBDIVISION; THENCE SOUTH TO THE NORTH RIGHT OF WAY LINE OF JOHNSON ROAD; THENCE WEST TO THE SOUTHEAST CORNER OF LOT 5; THENCE NORTH TO THE NORTHEAST CORNER OF LOT 5 OF SAID SUBDIVISION; THENCE WEST TO THE SOUTHEAST CORNER OF OUTLOT B SOUTHLAND SECTION 2; THENCE IN A NORTHERLY DIRECTION TO THE NW CORNER OF SAID OUTLOT; THENCE IN A NORTHERLY DIRECTION ALONG THE EAST LINE OF SAID SUBDIVISION IM REGULAR MEETING APRIL 15. 1996 TO THE NE CORNER OF LOT 20; THENCE WEST TO THE EAST RIGHT OF WAY LINE OF SOUTH FELLOWS STREET; THENCE NORTH TO THE SOUTHWEST CORNER OF LOT 21; THENCE EAST TO THE SOUTHEAST CORNER OF LOT 21; THENCE NORTH TO THE NORTHEAST CORNER OF LOT 23 IN A NORTHEASTERLY DIRECTION AROUND THE EAST LOT LINE OF OUTLOT A OF SOUTHLAND SECTION 2; THENCE EAST TO THE SOUTHEAST CORNER OF LOT 12 OF SOUTHLAND PHASE 4 SECTION 1; THENCE SOUTH TO THE NORTHWEST CORNER OF LOT 89 OF HERMITAGE SOUTH ESTATES SECTION 2 PART 1 AND SECTION 1 PART 2 TO THE NORTHEAST CORNER OF LOT 73 TO THE NORTH -SOUTH CITY OF SOUTH BEND CORPORATION LINE; THENCE NORTH TO THE EAST -WEST CITY OF SOUTH BEND CORPORATION LINE; THENCE WEST ALONG THE CITY OF SOUTH BEND CORPORATION LINE TO THE INTERSECTION OF THE CENTER LINE OF FELLOWS STREET AND THE CITY OF SOUTH BEND CORPORATION LINE; THENCE SOUTH ALONG THE CENTER LINE OF FELLOWS STREET TO THE INTERSECTION OF THE CENTER LINE OF JOHNSON ROAD; THENCE EAST TO THE SOUTHEAST CORNER OF HAY HISTORIC HOME SITE SUBDIVISION TO THE EAST LINE OF SAID SUBDIVISION EXTENDED BEING THE POINT OF BEGINNING. ADOPT RESOLUTION NO. 31-1996 - TRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 31-1996 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded -in for property of a similar nature: ONE (1) 1992 CHEVROLET CORSICA - VIN #1GILT53TXN4207956 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is of a similar nature to the above -described property and should be purchased with the above -described property being traded -in for the following property: ONE (1) 1996 CHEVROLET LUMINA - VIN #2G1WL52M7T9175122 WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange City -owned property for partial or full reduction in the purchase price of property of similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded -in for the following described property of a similar nature: PROPERTY TO BE TRADED -IN: ONE (1) 1992 CHEVROLET CORSICA - VIN #1G1LT53TXN4207956 1 REGULAR MEETING APRIL 15. 1996 PROPERTY TO BE PURCHASED: ONE (1) 1996 CHEVROLET LUMINA - VIN #2G1 WL52M7T9175122 2. That the latter described property immediately above, shall be purchased from Gates Chevrolet, 401 South Lafayette Boulevard, South Bend, Indiana, for the amount of $12,248.00 which includes a trade-in value of $5,000.00 for the property in Number 1 above. 3. That the traded in or exchanged property, to wit: ONE (1) 1992 CHEVROLET CORSICA - VIN #1G1LT53TXN4207956 shall be removed from the inventory of the City of South Bend. ADOPTED this 15th day of April, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RECOMMENDATION - TO CONDUCT FIESTA MICHIANA Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Christopher Nanni, La Casa De Amistad, Inc., 746 South Meade Street, South Bend, Indiana to conduct the above referred to Fiesta Michiana, on Saturday, September 7, 1996, from 10:00 a.m. until 8:00 p.m., in front of the Morris Civic Auditorium, on Michigan Street. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT GARDEN ALL AMERICAN CIRCUS Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department, Building Commissioner, Fire Department and the City Attorney's office, in reference to a request as submitted by Dave Laflin, South Bend Shrine Club Inc., 430 North Main, South Bend, Indiana to conduct the above referred to circus, on May 31 through June 1, 1996, at the 4H Fairgrounds. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT MOONLIGHT WALK AGAINST CRIME - CRIMESTOPPERS Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Betty Shidler, Crime Stoppers, 701 West Sample Street, South Bend, Indiana to conduct the above referred to walk, on Sunday, June 23, 1996, from 6:30 p.m. until 8:30 p.m., on the designated route as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. REGULAR MEETING APRIL 15, 1996 APPROVAL OF RECOMMENDATION - TO CONDUCT CHET WAGGONER LITTLE LEAGUE PARADE Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Chad Miller, 22129 Pine Hollow Lane, South Bend, Indiana to conduct the above referred to parade, on Saturday, May 4, 1996, beginning at 8:00 a.m., on the designated route as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT TOOTSIE ROLL DRIVE - KNIGHTS OF COLUMBUS Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Fire Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Martin Moorman, Chairman, St. Joe Valley Knights of Columbus, 60155 Ruby Street, South Bend, Indiana to conduct the above referred to Tootsie Roll Drive, on Friday, May 3 and May 10, 1996, and Saturday, May 4 and May 11, 1996, at the designated locations as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT WALK FOR UNITY Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Glenda Rae Hernandez, Coalition for Humanity and Broadway Church, 702 East South Street, South Bend, Indiana to conduct the above referred to walk, on Sunday, May 5, 1996, from 2:30 p.m. until 5:00 p.m., on the designated route as submitted. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF HOUSE MOVE In a memorandum to the Board, Mr. Don Fozo, Bulding Commissioner, requested approval to issue a moving permit to Lykowski Construction to move a residential dwelling from 708 Lafayette Street to 306 LaMonte Terrace. Mr. Fozo stated that favorable recommendations have been received by the utility companies, Traffic and Lighting and the Police Department. Additionally, the Certificate of Insurance has been submitted, and all the appropriate permits have been issued. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -1996 COMPUTER AND PRINTER PURCHASES In a memorandum to the Board, Mr. Bob Allen, Public Construction Manager, requested permission to advertise for the sale of bids for the above referred to items. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - TRUCKING AND HAULING SERVICES FOR THE DIVISION OF ENVIRONMENTAL SERVICES In a memorandum to the Board, Mr. Jack Dillon, Director, Division of Environmental Services, requested permission to advertise for the sale of bids for the above referred to services. Mr. Dillon stated that this project will be required at various dates throughout the 1996 calendar year to haul belt pressed wastewater sludge from the City's Organic Resource Facility. In addition, the costs associated with this operation are budgeted for in the equipment rental item in the sewage works budget. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the REGULAR MEETING APRIL 15. 1996 request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS PORTABLE RADIOS In a memorandum to the Board, Mr. Al Miller, Director, Bureau of Communications, requested permission to advertise for the sale of bids for the above referred to portable radios. Mr. Miller stated the new portable two-way radios are for the Police Department. The source of funds will be the Cumulative Capital Development Fund. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS LIGHT BULBS In a memorandum to the Board, Mr. George Zana, Purchasing Manager, requested permission to advertise for the sale of bids for the above referred to light bulbs. Mr. Zana stated that the sources of funds will come from each City department as they order the items, with purchase orders. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SOUTHEAST PARTNERSHIP CENTER SERVICE AREA - SIDEWALK CURB AND APPROACH REPAIRS - PROJECT NO. 95-11A In a memorandum to the Board, Mr. Dan Weisel, Division of Engineering, requested permission to advertise for the sale of bids for the above referred to project. Mr. Weisel stated that this project will repair concrete sidewalks, curbs, driveway and alley approaches, and other appurtenant work in the above referenced area. The source of funding for this project will be Community Development Block Grant funding. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following three (3) traffic control devices were approved: REMOVAL OF: REVISED TO: LOCATION: REMARKS: NEW INSTALLATION LOCATION: REMARKS: REMOVAL: LOCATION: REMARKS: No Parking No Parking N.D. Twyckenham, Rockne to South Bend Avenue, both sides A bicycle lane will be painted on Twyckenham for the bicycle routes being proposed in the City. The parking signs will not be revised until the restricted lane has been completed. Handicap Sign 1705 South Taylor Ms. Barb Yandl has met all requirements Handicap Sign 618 South Grant Signs are not needed APPROVE CONTRACTOR BOND Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: - 6 REGULAR MEETING BOND OF CONTRACTOR James A. Goefrich Approved Effective April 15, 1996 APRIL 15. 1996 Mr. Leszczynski made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Certificates of Insurance were accepted for filing: Panzica Construction, Inc. ADS Environmental Services 422 East Monroe Street Inc., A subsidiary of South Bend, Indiana 46601 Lexa International Corporation 300 Atlantic Street Stamford, Connecticut 06901 William Geyer & David Geyer dba Geyer Construction Company Post Office Box 229 Lakeville, Indiana 46536 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $933,220.01, dated April 15, 1996, and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mrs. Manier seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the meeting adjourned at 10:12 a.m. ATT T: Angela K. Joob, Clerk BOARD OF PUBLIC WORKS a 9ohFnE. Leszczynski, e dent James dwell, Member Jenny Pitts Manier, Member